[Cites 3, Cited by 0]
Madhya Pradesh High Court
Santosh vs The New India Insurance Co. Ltd. on 12 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:6631
1 MA-710-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 12 th OF MARCH, 2026
MISC. APPEAL No. 710 of 2025
SANTOSH
Versus
THE NEW INDIA INSURANCE CO. LTD. AND OTHERS
Appearance:
Ms. Archana Maheshwari - Advocate for the appellant.
Ms. Priti Keshwani - Advocate for respondent no.1.
Shri Harish Pawar - Advocate for respondent no.2.
ORDER
This Misc. Appeal under Section 173(1) of the Motor Vehicles Act, 1988
has been filed by the appellant assailing the impugned award dated 20.09.2024
passed by I Additional Member, Motor Accident Claims Tribunal, Mandleshwar,
district Khargone (M.P.) in Claim Case No.13/2023, whereby an amount of
Rs.6,25,000/- has been awarded to the injured/appellant, aged about 25 years
along with interest.
2. Learned counsel for the appellant submits that the Claims Tribunal has
taken the income has Rs.8,975/- which is on the lower side, whereas as per the
circular issued under the Minimum Wages Act by the Labour Department of State
of Madhya Pradesh the income of an unskilled labour on the date of incident is
Rs.9,325/-. Counsel further submits that appellant has suffered grievous injuries
and also disablement. Disability certificate Ex.P-18 has been given by Dr. Ashish
Malhotra (AW-2) and the same has been proved by the doctor and even after that
the learned Claims Tribunal has reduced the disability to the extent of 20%
NEUTRAL CITATION NO. 2026:MPHC-IND:6631
2 MA-710-2025
without any basis. Looking to the over all evidence and even in the proportion of
the whole body, disability should have been treated atleast 25%. In the head of
special diet meager amount has been awarded which needs to be enhanced. On
these submissions prays for allowing the appeal by enhancing the award amount.
3. Learned counsel for the Insurance Company opposes the prayer on the
ground that income as well as disability has been properly assessed by the learned
Claims Tribunal, therefore no enhancement is required and prays for dismissal of
the appeal.
4. It is not in dispute that in cases where satisfactory evidence to prove
income of the injured or deceased has not been filed, then the circular issued under
the Minimum Wages Act comes into play as held by the Apex Court in the case of
Chandra @ Chanda @ Chandraram & Anr. Vs. Mukesh Kumar Yadav reported in
(2022) 1 SCC 198 : 2021 SCC OnLine SC 3093. Thus, in this case, the income of
the injured taking him as unskilled labourer comes to Rs.9,325/-. As per the
evidence with regard to the injuries and disability is concerned, sufficient
evidence has been produced on record. The appellant suffered fracture of femur in
the right leg and also suffered various grievous injuries on the body. Taking into
account the whole of the effect of the injuries, disability certificate Ex.P-18 given
by Dr.Ashish Malhotra (AW-2) as 55% in the affected body party right leg and if
the disability is calculated in proportion of whole body then atleast 25% should
have been taken looking to the nature of work of the appellant as labourer. Thus,
the disability taken by the learned Claims Tribunal as 20% is increased to 25%. In
the head of special diet, an amount of Rs.10,000/- is awarded. Accordingly,
the just and proper compensation comes as under:-
NEUTRAL CITATION NO. 2026:MPHC-IND:6631
3 MA-710-2025
Rs.9,325/- per month + Rs.3,730/- (40% Future
Permanent
Prospects) = Rs.13,055/-x 12 x 18 (Multiplier)
disability
=Rs.28,19,880/- x 25% (PD)=Rs.7,04,970/-
Pain and
Rs.50,000/-
suffering
Medical
expenses and Rs.10,000/-
transportation
Special diet Rs.10,000/-
Loss of
Rs.17,950/-
income
Total: Rs.7,92,920/-
MACT
Rs.6,25,000/-
Award:
Enhanced
Rs.1,67,920/-
Amount
5. The appeal is valued as Rs.1,00,000/- and for the rest of the amount
the claimant will pay the requisite Court fees within a period of 30 days from
today and only thereafter enhanced amount will be disbursed. It is made clear,
in case the court fees is not paid within the stipulated period, the appellant
will not be entitled for claiming interest on the enhanced amount beyond 30
days' period.
6. Accordingly, the appeal is partly allowed to the extent indicated
herein above. The other terms and conditions of the impugned award
including rate of interest shall remain intact.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
